|School or Department :||School of Law and Justice|
|Grading basis :||Graded|
|Course fee schedule :||https://www.unisq.edu.au/current-students/administration/fees/fee-schedules|
|Version produced :||30 September 2023|
Pre-requisite: LAW1111 and (LAW1116 or (LAW1113 and LAW1123))
Enrolment is not permitted in LAW1127 if LAW2212 and LAW2223 has been previously completed
This is a core course in the Bachelor of Laws program. It is approved by the Legal Practitioners Admission Board (Qld) and the Chief Justice of Queensland as meeting the equity area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of Equity, specifically: the nature of equity; equitable rights, titles and interests; equitable assignments; estoppel in equity; fiduciary obligations; unconscionable transactions; equitable remedies; and trusts, with particular reference to the various types of trusts and the manner and form of their creation and variation. The duties, rights and powers of trustees should be included, as should the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries. (It is expected that about half the course will be devoted to trusts.)
No study of law is complete without an understanding of the area of law which lessens and ameliorates the harsh impacts of common law rules. First, this course aims to provide a theoretical framework for the underlying fundamental principles of the law of Equity. The material will explore the historical development of equity, its relationship with the common law and an analysis of its current applications. Students will have an appreciation for its special characteristics and the operation of guided discretion. The course will examine the practical application of equitable actions and remedies. In particular, a focus will be the manner in which equity may intervene in the application of more strict common law rights. The focus of the course then turns to trusts, with particular reference to the various kinds of trusts and the manner and form of their creation and variation: the duties, rights, and powers of trustees; the consequences of breach of trust; the statutory and equitable remedies available to beneficiaries; and the respective rights of beneficiaries. Finally, students may be expected to be able to critique recent developments and comment on the direction of equitable principles to deal with new circumstances. The course also provides students with opportunities to learn the importance of equitable principles and remedies in supplementing the common law and introduces students to skills required in drafting a legal memorandum of advice.